Does the discoverability rule apply to the starting date of the limitation period?
Ontario, Canada
The following excerpt is from Anderson v. Laffin, 2004 CanLII 50061 (ON SC):
As stated by Borins J. in Aguonie v. Galion Solid Waste Materials Inc., supra, in considering the application of the discoverability rule to the starting date of the limitation period, at p. 172: It is a question of fact when the cause of action arose and when the limitation period commenced. The application of the discoverability rule is premised on the finding of these facts: when the appellants learned they had a cause of action against the respondents; or, when, through the exercise of reasonable diligence, they ought to have learned they had a cause of action against the respondents.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
Does section 21(1) of the Limitations Act, 2002 apply to add a third party to the limitation period? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
Does a rolling limitation period apply to a claim for periodic payments? (Ontario, Canada)
What is the discoverability rule in the context of a limitation period claim? (Ontario, Canada)
Does the principle of discoverability apply to the discoverability of the tortfeasor's identity? (Ontario, Canada)
What is the limitation period for a claim under the principle of discoverability? (Ontario, Canada)
Does the limitation period apply to the unjust enrichment claim? (Ontario, Canada)
What is the discoverability principle that postpones the running of a statutory limitation period? (Ontario, Canada)
